El_Guapo
01-14 01:13 PM
The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
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bskrishna
07-23 11:46 AM
I have seen nos upto 25k per month. So depends on how many resources are working on this as to the naturalization apps...
Widget
02-18 03:35 PM
I fully agree with you. the point is that we are not powerful (EB peopel) in order to force the gov to do something about it. The farmers, illegals, helathcare EB peopel are in much better situation than us (regular EB peopel).
My children are doing very well in schools and they are much better than any average student in the class and I can not take them back to my home country after they have achived good grades. My wife ca not work because she is an H4 holder, I can not take buy a house because I am not sure if I am going to have a job for more than 2 years.
it is a very difficult situation and I have to think about a back up plan after beeing in this situation since 2003. By the way, I an ROW H1 holder.
I have and approved I-140 (PD 01/2004) and I can not file for I-485.
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
My children are doing very well in schools and they are much better than any average student in the class and I can not take them back to my home country after they have achived good grades. My wife ca not work because she is an H4 holder, I can not take buy a house because I am not sure if I am going to have a job for more than 2 years.
it is a very difficult situation and I have to think about a back up plan after beeing in this situation since 2003. By the way, I an ROW H1 holder.
I have and approved I-140 (PD 01/2004) and I can not file for I-485.
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
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vdlrao
07-23 04:52 PM
I felt very bad and compleately moved when I was read about Mehul at that time. He was not able to get the GC in time just because he was born in India, even though he is from Fiji. During the last days of his life he was more worried about his family settlement, than his death, and moved them to sweeden. I hope this kind of sitution wont repeat to any immigrant.
http://immigrationvoice.org/forum/showthread.php?t=15611
For things like this not to repeat, we need a legilation change so that it doesnt matter which country you are from and which EB category you are in, and make sure that there wont be years long back logs.
http://immigrationvoice.org/forum/showthread.php?t=15611
For things like this not to repeat, we need a legilation change so that it doesnt matter which country you are from and which EB category you are in, and make sure that there wont be years long back logs.
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immi_seeker
09-17 05:47 PM
I think it is between 3000 and 3500, with depended this comes to 7500.
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
Openarms
10-29 04:46 PM
This is one of the dumbest idea ever discovered in this forum.
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jsb
06-03 03:29 PM
Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."
Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?
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BharatPremi
09-24 11:40 AM
Please see my inline comment.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
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krishmunn
06-15 01:17 PM
What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
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bobzibub
07-10 11:48 AM
My wife suggested the same thing about an hour ago after getting our lawyer's visa bill for my worthless 485 application. (#$#$%you very much US government!)
It is much better to run to something than run from something. But maybe it is time.
It is much better to run to something than run from something. But maybe it is time.
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psgprasad
07-03 04:34 PM
Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
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singhsa3
03-02 08:40 PM
Belling the Cat
Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
"You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."
Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
"You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."
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syzygy
09-23 02:28 AM
I have sent close to 10 emails putting subject
"Proposal to alleviate current US economic crisis"
I hope I am doing right..
"Proposal to alleviate current US economic crisis"
I hope I am doing right..
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hatighora
01-05 05:00 PM
Why amway cannot sell brand products that you get at walmart and other stores. What is stopping amway from having a partnership with these companies and sell quality products?
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nixstor
02-14 01:29 PM
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
Just a FYI, MI law only does not allow DL's for new applicants.
Existing F1's/H1B's and those who already filed for 485's can keep renewing it.
That said, I understand that you are using it as an analogy to say that the lawsuit against USCIS is successful.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
Just a FYI, MI law only does not allow DL's for new applicants.
Existing F1's/H1B's and those who already filed for 485's can keep renewing it.
That said, I understand that you are using it as an analogy to say that the lawsuit against USCIS is successful.
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indiancitizen77
08-27 11:44 PM
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
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John333
07-26 05:20 AM
Dear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
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jayleno
07-10 12:49 PM
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
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akred
02-15 11:11 PM
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
GreenCardLegion
08-16 03:47 AM
I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
alkg
09-23 08:50 PM
good one
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
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